Page:United States Statutes at Large Volume 102 Part 2.djvu/597

 PUBLIC LAW 100-426—SEPT. 9, 1988

102 STAT. 1601

"(2) by a spouse and a dependent child, the surviving spouse shall receive an immediate annuity computed under subsection (d) of this section and each dependent child shall receive an immediate annuity equal to the smaller of— "(A) 10 percent of the average annual pay computed under subsection (d)(1) of this section; or "(B) 20 percent of the average annual pay computed under subsection (d)(1) of this section, divided by the number of dependent children; or "(3) only by a dependent child, each dependent child shall receive an immediate annuity equal to the smaller of— "(A) the annuity a surviving spouse would be entitled to receive under clause (2) of this subsection, divided by the number of dependent children; "(B) 20 percent of the average annual pay computed under subsection (d)(1) of this section; or "(C) 40 percent of the average annual pay computed under subsection (d)(1) of this section, divided by the number of dependent children."; (3) in subsection (d)(1), by striking "1.25" and inserting "1.5"; and (4) in subsection (e), by amending the first sentence to read as follows: "A surviving spouse's annuity may not be more than 50 percent nor less than 25 percent of the average annual pay computed under subsection (d)(1) of this section.". SEC. 206. PAYMENT OF SURVIVOR BENEFITS.

Section 776(b) is amended— (1) in paragraph (1), by inserting "before age 55" after "remarries"; and (2) in paragraph (2), by striking "age," and inserting "age (unless the child is then a student as described in section 771(1)(C) of this title),". SEC. 207. ANNUITY INCREASES.

Section 777 is amended to read as follows: "§ 777. Annuity increases "(a) An annuity payable under this subchapter shall be increased at the same time that, and by the same percent as the percentage by which, annuities are increased under section 8340Cb) of title 5. "(b) An annuity under section 772 of this title may not be more than the basic pay of the Comptroller General. A surviving spouse's annuity may be increased under this section without regard to any limitation set forth in section 774(e) of this title.". SEC. 208. EFFECTIVE DATE.

The amendments made by this title shall be effective after the end of the 60-day period beginning on the date of enactment of this Act, except that an individual who, as of such date of enactment, is receiving an annuity under subchapter V of chapter 7 of title 31, United States Code, as a retired Comptroller General (and the spouse and any dependent children of such individual who may survive such individual) shall remain subject to the provisions of such subchapter, as in effect immediately before such date, if the retired Comptroller General makes an election under this section. An election under this section shall be ineffective unless it is made

31 USC 772 note.

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